Walker v. Winn Dixie, et al

Thomas Anzelmo obtained summary judgment on behalf of the City of Westwego and two Westwego Police Department deputies. Plaintiff alleged he suffered neck, shoulder, and elbow injuries as a result of excessive force and battery, as well as mental anguish as a result of racial profiling by the deputies who responded to an alleged theft at a grocery store. Plaintiff brought claims pursuant to 42 U.S.C. § 1983 for violations of his 14th Amendment rights, as well as state law claims for battery. The defense submitted that plaintiff lacked any evidence of a custom, policy or practice resulting in the violation of a constitutional right, that the officers were entitled to qualified immunity, and that plaintiff lacked any evidence of excessive force, a battery, or racial profiling by the deputies. The Court sided with the defendants, noting the lack of evidence of wrongdoing by the officers and the lack of any custom, policy or practice by the city that lead to a violation of constitutional rights. Accordingly, all claims were dismissed.